HomeMy WebLinkAboutReso 2023-3490 RESOLUTION NO. 2023- :10
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, CALLING FOR A SPECIAL ELECTION ON PROPOSED AMENDMENTS TO
THE CITY'S CHARTER TO BE HELD ON MAY 23, 2023, TO CONSIDER
AMENDMENTS TO THE CITY CHARTER AS FOLLOWS: AMENDING THE CITY
CHARTER BY AMENDING SECTION C-2.2(b) "VICE MAYOR"; BY AMENDING
SECTION C-2.3(C) "LIMITATIONS ON LENGTHS OF SERVICE"; BY AMENDING
SECTION C-2.4"QUALIFICATIONS"; BY AMENDING SECTION C-2.5(C)"FILLING OF
VACANCIES"; BY AMENDING SECTION C-2.6- "COMPENSATION;
REIMBURSEMENT FOR EXPENSES"; BY AMENDING SECTION C-3.1 "CITY
MANAGER"; BY AMENDING SECTION C-3.5 "CITY CLERK"; BY AMENDING
SECTION C-3.6 "CITY ATTORNEY"; BY AMENDING SECTION C-4.2
"PROHIBITIONS"; BY AMENDING SECTION C-5.1(i) "COMMENCEMENT OF
TERMS"; BY AMENDING SECTION C-5.3 "FORM OF BALLOTS"; AND BY
AMENDING SECTION C-7.4 "CHARTER REVISION"; PROVIDING FOR NOTICE OF
ELECTION; PROVIDING FOR COPIES OF THE RESOLUTION AND ORDINANCE FOR
CHARTER AMENDMENTS TO BE AVAILABLE FOR PUBLIC INSPECTION;
DESIGNATING ONE REGISTERED VOTER WHO SHALL SERVE WITH THE CITY
MANAGER AND THE CITY CLERK AS THE CANVASSING BOARD FOR SAID SPECIAL
ELECTION; PROVIDING FOR POLLING PLACES; PROVIDING FOR VOTER
REGISTRATION; PROVIDING FOR THE CITY CLERK TO UTILIZE THE SERVICES OF
MIAMI-DADE SUPERVISOR OF ELECTIONS; PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA,AS FOLLOWS:
Section 1. A special election is hereby called for May 23, 2023, to present to the electors of
the City of Sunny Isles Beach, Florida (the"City")the ballot questions provided in Section 3 of this
Resolution, pursuant to Ordinance No. 2023 - 599, adopted on March 16, 2023.
Section 2. Notice of said election shall be published by the City Clerk in accordance with
Section 100.342, Florida Statutes, in a newspaper of general circulation within the City at least
30 days prior to said election, the first publication to be in the fifth week prior to the election,
and the second publication to be in the third week prior to the election, and shall be in
substantially the following form:
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"NOTICE OF SPECIAL ELECTION"
PUBLIC NOTICE IS HEREBY GIVEN THAT -PURSUANT TO ORDINANCES DULY
ADOPTED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, A SPECIAL ELECTION HAS BEEN CALLED ON TUESDAY, MAY 23, 2023,
BETWEEN THE HOURS OF 7:00 A.M. AND 7:00 P.M., AT WHICH TIME THE
FOLLOWING PROPOSED CITY CHARTER AMENDMENTS SHALL BE SUBMITTED TO
THE QUALIFIED ELECTORS OF THE CITY.
1.1 Appointment of Vice Mayor. The City Charter provides that the
Commission shall elect one of its members as Vice Mayor. It is proposed the
Charter be amended to provide that the Vice Mayor be elected by nomination of
the Mayor, subject to Commission approval.
Shall the above-described amendment be adopted?
Yes [ ]
No [ ]
21 Limitations on Lengths of Service. The City Charter provides that a
Commission member's "term" shall be deemed commenced upon election. It is
proposed the Charter be amended to provide that a "term" shall be deemed
commenced upon the 14th day after certification of the general or run-off
election in which he/she is elected, or immediately upon certification of the
results of a special election.
Shall the above-described amendment be adopted?
Yes [ ]
No [ ]
31 Commencement of Terms. The City Charter provides that the term of
office of any elected official commences on the 30th day following the general or
run-off election. It is proposed the Charter be amended to provide that the term
of any elected official will commence on the 14th day after certification of the
general or run-off election, or immediately upon certification of the results of a
special election.
Shall the above-described amendment be adopted?
Yes [ ]
No [ ]
Al Qualifications. The City Charter provides that candidates for
Commissioner or Mayor shall pay a qualifying fee to the City Clerk in the amount
of One Hundred Dollars ($100.00). It is proposed the Charter be amended to
provide that the qualifying fee be in the amount of Two Hundred Dollars
($200.00).
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Shall the above-described amendment be adopted?
Yes [ ]
No [ ]
Filling of Vacancies. The City Charter provides that in the event all
members of the Commission are removed, the Governor shall appoint interim
Commissioners who shall call a special election within not less than 30 days nor
more than 60 days after such appointment. It is proposed the Charter be
amended to clarify that such special election shall be conducted pursuant to the
Charter and Code of Ordinances.
Shall the above-described amendment be adopted?
Yes [ ]
No [ ]
Compensation; Reimbursement for Expenses. The City Charter provides
that the Mayor and Commissioners' compensation be, increased in accordance
with the CPI Index. It is proposed the Charter be amended to clarify that the
compensation be increased annually according to the Miami-Fort Lauderdale-
West Palm Beach, FL Consumer Price Index in October of each year.
Shall the above-described amendment by adopted?
Yes [ ]
No [ ]
City Manager. The City Charter provides that no Commissioner shall be
eligible for appointment as City Manager during the term for which she/he has
been elected and until 2 years after its expiration. It is proposed the Charter be
amended to provide that no Commissioner shall be eligible for appointment as
City Manager during the term she/he has been elected and until 5 years after its
expiration.
Shall the above-described amendment be adopted?
Yes [ ]
No [ ]
.51 City Clerk. The City Charter provides that the City Manager appoints the
City Clerk and he/she reports to the City Manager. It is proposed the Charter be
amended so that the Mayor shall nominate the City Clerk, and the Commission,
including the Mayor, by majority, shall confirm an individual to serve as the City
Clerk.
Shall the above-described amendment be adopted?
Yes [ ]
No [ ]
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City Attorney. The City Charter provides that the Mayor "may" nominate,
and the Commission by majority shall confirm an individual attorney or a law firm
to act as the City Attorney. It is proposed the Charter be amended to provide
that the Mayor "shall" nominate, and the Commission by majority shall confirm
an individual attorney or a law firm to act as the City Attorney.
Shall the above-described amendment be adopted?
Yes [ ]
No [ ]
10) Holding Other Office. The City Charter provides that no former elected City
official shall hold any compensated appointive City office or City employment
until 1 year after the expiration of his/her term. It is proposed the Charter be
amended to provide that no former elected City official shall hold any
compensated appointive City office or City employment until 3 years after the
expiration of his/her term.
Shall the above-described amendment be adopted?
Yes [ ]
No [ ]
11) Run-off Election. The City Charter does not include the manner of
conducting run-off elections following special elections, nor does it provide how
a winner is determined if there is a tie after run-off elections. It is proposed the
Charter be amended so the provisions governing run-off elections apply to special
elections, and if there is a tie the winner be determined using a method
prescribed by ordinance.
Shall the above-described amendment be adopted?
Yes [ ]
No [ ]
12) Form of Ballots. The Charter provides that the ballot title of a measure
may differ from its legal title and shall be a clear, concise statement describing
the substance of the measure. It is proposed the Charter be amended to delete
the provision that allows the ballot title of a measure may differ from its legal
title.
Shall the above-described amendment be adopted?
Yes [ ]
No [ ]
13) Appointment of Charter Revision Commission. The City Charter requires
the City Commission appoint a Charter Revision Commission at its first meeting
in December of the 5th year after the adoption of the original Charter, in
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December 2002, and thereafter every 10th year. It is proposed the Charter be
amended,to provide that the City Commission shall appoint a Charter Revision
Commission at its first meeting in January 2033, and thereafter every 10th year.
Shall the above-described amendment be adopted?
Yes [ ]
No [ ]
14) Timeframe for Submitting Charter Revision Commission Charter
Amendments. The City Charter provides that if the Charter Revision Commission
proposes Charter revisions, the amendments shall be submitted to the City
Commission no later than the 120th day after their appointment by the
Commission. It is proposed the Charter be amended requiring amendments
instead be submitted no later than the 150th day.
Shall the above-described amendment be adopted?
Yes [ ]
No [ ]
The full text of the proposed Charter Amendments is available at the office of the City Clerk,
located at 18070 Collins Avenue, Sunny Isles Beach, Florida 33160.
Section 3. Public Inspection of Charter Amendments. Copies of this Resolution and the
corresponding Ordinance providing for the Charter Amendments, subject to this referendum
approval,are on file in the Office of the City Clerk of the City of Sunny Isles Beach, Florida, located
at 18070 Collins Avenue, Sunny Isles Beach, Florida 33169, and will be available for public
inspection during regular business hours.
Section 4. Designation of One Registered Voter to Serve on the Canvassing Board. The City
Commission of the City of Sunny Isles Beach hereby designates Gloria Taft,as the registered voter
to serve with the City Manager and the City Clerk as the City of Sunny Isles Beach's Canvassing
Board for the Special Election on May 23, 2023.
Section 5. Polling Places. That said polling places in the City of Sunny Isles Beach for said
Special Election shall be as established by the Miami-Dade County Supervisor of Elections and
her staff of officials. All electors shall vote at the polling places and the voting precincts in which
the OFFICIAL REGISTRATION BOOKS show that the said electors reside. A list of the voting
precincts and the polling places therein (subject to change by the Miami-Dade County Supervisor
of Election, in accordance with the laws of Florida) is attached hereto as Exhibit "A".
Section 6. Voter Registration. Registration of persons desiring to vote in said Special Election
shall be in accordance with the general laws of the State of Florida governing voter registration.
Qualified persons may obtain registration forms to vote at the Office of the City Clerk,
Government Center, 18070 Collins Avenue, Sunny Isles Beach, Florida, 33160, Monday through
Friday, except legal holidays, between the hours of 9:00 a.m. and 5:00 p.m., and at such other
voter registration centers and during such times as may be provided by the Miami-Dade County
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Supervisor of Elections. Each person desiring to become a registered voter shall be responsible
for properly filling out the registration form and returning it to the Miami-Dade County Elections
Office. All completed registration forms must be received by the Miami-Dade County Elections
Office and clocked in no later than Monday, April 24, 2023, at 5:00 p.m., in order for a person to
vote in said election. All questions concerning voter registration should be directed to the
Miami-Dade County Elections Office, 2700 N.W. 87th Avenue, Doral, Florida, 33172; telephone:
305-499-8502.
Section 7. Authority of City Clerk. The City Clerk is authorized to utilize the services of the
Miami-Dade County Supervisor of Elections for any assistance required in the administration of
the election.
Section 8. Effective Date. This Resolution shall become effective immediately upon
adoption.
PASSED AND ADOPTED this 16th day of March 2023.
Larisa Svechin, Mayor
ATTEST: APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
40.-
Maurihio Betancu , CMC, City Clerk f alerie Vicente, City Attorney
Moved by:(pan/ VA°MEV_ 1.-4-Mia- Seconded by: VICE 111 04- \o ff{{
Vote:
Mayor Svechin (Yes) (No)
Vice Mayor Joseph (Yes) (No)
Commissioner Lama ✓ (Yes) (No)
Commissioner Stuyvesant — OSUNT (Yes) (No)
Commissioner Viscarra �-(Yes) (No)
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Exhibit "A"
SPECIAL ELECTION POLLING PLACES IN •
SUNNY ISLES BEACH
Precinct Location Address
002 ST. MARY MAGDALEN CATHOLIC CHURCH 17775 NORTH BAY ROAD
003 WINSTON TOWERS— BLDG. 100 250—174 STREET
004 GATEWAY CENTER 151 SUNNY ISLES BOULEVARD
005 ARLEN HOUSE CONDO WEST/Auditorium 350 BAYVIEW DRIVE
067 SUNNY ISLES BEACH GOVERNMENT CENTER 18070 COLLINS AVENUE
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